In South Carolina If my wedding was administered by an unauthorized person is that grounds for annulment? If so what would I do to obtain?

We’ve been married for 8 months and it’s not working out. We have a child together. Our wedding was simple to say the least. We obtained a marriage license, but the individual that administered the wedding and signed the marriage license was not a minister or justice of the peace or notary. Can I get an annulment any easier than a divorce?

Asked on July 7, 2009 under Family Law, South Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not licensed in South Carolina but, if the facts are as you say, then this was an invalid marriage ceremony.  That being the case there is nothing no marriage to annul or have dissolved in a divorce proceeding.  You are not married.

What you need to do is to consult with an attorney in your area and see just what they advise.  Possibly there is a provision covering a situation such as this under South Carolina law of which I am unaware.

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